IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Incident of a slip trip and a fall - @ a super market in Shopping Mall
Rank: Guest 
|
Posted By Uday
The pedestrian floor was contaminated with water and the area should have been cordoned off and kept pedestrians especially the super market shoppers clear away from the contaminated area.
The floor was wet and the staff were not appropriately trained in cleaning techinques and matyerials to be used to quickly restore a clean and dry walking surface.
Enough paid staff members were in the stores/supermarket to be able to spot the water and mop the floor pedestrian area dry or close the area so that NO members of the public could have strayed or accessed that area. This happened on 24th September at 1550 hrs.
I then sent an email to the Risk Manager of the super market.
These were the replies rec'd.
Reply #1
We hope it is not long before you fully recover from any ill effects.Customer safety is of the utmost importance to our organisation and we are currently conducting enquires into the matter.we will communicate with you again, once the enquiries are completed.
Reply # 2
Our company is nOT liable for any accidents that occur on our premises unless such accidents are as a result of negligence on the part of our company or employees.We note that you slipped as you walked over an area of the floor that have been just been mopped by staff. In doing so you walked directly past a caution slippery sign. Whilst we sympathise wityh you in respect of yr injury,we do not consider that we are responsible for the accident or its consequences.
I have and am now sufferring pain continously in my left arm/shoulders 24/7 I request the readers to guide and advise me my next course of action please.Thanks
|
|
|
|
|
|
Rank: Guest
|
Posted By gham
Working in a shop/retail environment and having bee persued by claimants regarding this on previous occasions i can tell you that placing a caution wet floor sign where the floor is wet is not a sufficient control measure against preventing a slip. If the floor is wet it should be dryed if it cannot be dried it should be adequately cordoned off.
there is a case regarding this somewhere i'll look it up the result was in favour of the claimant.
Your next more depends on what you want to get out of the center management
|
|
|
|
|
|
Rank: Guest
|
Posted By TBC
It sounds like you may have cause to claim damages. That would depend on a few things being in order though.
Did the staff put out the signage to warn of a slippery floor after their attempt at moping? There's mopping up and then there's just running a mop over spreading the liquid. It just depends on the enthusiasm of the person doing the job.
Was the accident entered in the store accident book or system?
Have you been to a doctor for medical treatment?
Keep records of treatments time of work etc. and visit a 'good' claims solicitor or adviser.
It sounds a bit like ambulance chasing, but sometimes it's the only way some companies take heed of the problems out there. It could have easily been an old lady or gent - broken hip - then 'flu' - then death.
Hope it helps.
|
|
|
|
|
|
Rank: Guest
|
Posted By J Knight
Hi Uday,
The supermarket is bound to deny liability; their denial is as valid as claims that Iraq had weapons of mass destruction. It is not up to the manager of any workplace to determine where liability lies, at the end of the day this can only be decided in court (though of course insurers often settle beforehand).
Wet floor signs are there to act as tripping hazards for children and people with visual disabilities.
Negligence rests on three tests:
1) did the supermatket have a duty of care to you
2) was the duty of care breached and
3) was there a loss (financial or loss of amenity) as a result of the breach? If the answer to all three is yes then the supermarket was negligible and owes compensation.
I cannot comment on whether negligence in fact existed here, but given that negligence is described as res ipsa loquitor (the facts speak for themselves) it is up to the supermarket to prove that your injury was not caused by their negligence; see a lawyer,
John
|
|
|
|
|
|
Rank: Guest
|
Posted By John P
Uday
Res ipsa loquitur is indeed the principle here. You'll find very compelling case law in Ward v Tesco Stores [1976] 1 WLR 810.
John
|
|
|
|
|
|
IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Incident of a slip trip and a fall - @ a super market in Shopping Mall
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.